Section 5.4 Credibility of Witnesses in General

• Library: Evidence 2017

IV. (§5.4) Credibility of Witnesses in General

General Rule: The trier of fact is the sole judge of the credibility of witnesses and of the weight and value of their evidence.

The credibility of witnesses and the weight to be given their testimony in a court-tried case is a matter for the trial court, which is free to accept or reject none, part, or all of the testimony of any witness. In re Bell, 481 S.W.3d 855 (Mo. App. S.D. 2016) (citing Herbert v. Harl, 757 S.W.2d 585, 587 (Mo. banc 1988)); In re Care & Treatment of Johnson, 161 S.W.3d 873 (Mo. App. S.D. 2005); Greenberg v. Dowdy, 930 S.W.2d 512 (Mo. App. E.D. 1996). The fact-finder may disbelieve testimony even when it is uncontradicted. Ellis v. Hehner, 448 S.W.3d 320, 328 (Mo. App. E.D. 2014) (citing McAllister v. McAllister, 101 S.W.3d 287, 290–91 (Mo. App. E.D. 2003)).

“When there is conflicting evidence, the trial court has the discretion to determine . . . credibility,” and “[a]ppellate courts should exercise the power to set aside a decree or judgment . . . with caution and only with a firm belief that the decree or judgment is wrong.” Purdun v. Purdun, 163 S.W.3d 598, 601 (Mo. App. W.D. 2005).

In Victoria’s Secret Stores, Inc. v. May Department Stores Co., 157 S.W.3d 256, 262 (Mo. App. E.D. 2004), an action to enforce a noncompete covenant in an employment contract, the trial court was free to believe none, part, or all of the witness’s testimony, and although the defendant could point to evidence to support its contentions, the trial court may have properly disregarded all of the evidence favorable to the defendant.

“The ‘credibility of witnesses and the weight to be given their...